[Senate Report 110-30]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-30
_______________________________________________________________________

                                     

                                                        Calendar No. 67
 
               INTEROPERABLE EMERGENCY COMMUNICATIONS ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 385




                 March 5, 2007.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             first session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DeMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
                    Margaret Spring, General Counsel
               Lisa Sutherland, Republican Staff Director
           Christine Kurth, Republican Deputy Staff Director
               Kenneth Nahigian, Republican Chief Counsel


                                                        Calendar No. 67
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-30

======================================================================




               INTEROPERABLE EMERGENCY COMMUNICATIONS ACT

                                _______
                                

                 March 5, 2007.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 385]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
385) TITLE deg. to improve the interoperability of 
emergency communications equipment, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill joint resolution deg. (as amended) do pass.

                          Purpose of the Bill

  The purpose of the bill is to promote greater communications 
interoperability among first responders and to improve the 
redundancy and resiliency of public safety communications 
networks in response to emergencies or major disasters.

                          Background and Needs

  Government attention to the use of communications technology 
in promoting public safety dates back to the very beginning of 
communications law in the United States. At the turn of the 
20th century, communications failures associated with the 
sinking of the Titanic led Congress to pass the Radio Act of 
1912, which established federal licensing and required all 
seafaring vessels to maintain 24-hour radio contact with nearby 
ships and coastal radio stations. In the intervening decades, 
that interest has not abated. Over a decade ago, the Federal 
Communications Commission (FCC) and the National 
Telecommunications and Information Administration (NTIA) 
jointly created the Public Safety Wireless Advisory Committee 
(PSWAC), which examined the communications needs of public 
safety agencies and specifically cited communications 
interoperability in its September 2006 report as the ``key to 
success in day-to-day operations, joint task force and mutual 
aid operations, and many other intra- and inter-jurisdictional 
activities''. Such attention has only intensified in recent 
years following a series of high-profile communications 
failures experienced by first responders during the terrorist 
attacks on September 11, 2001, the 2003 Northeast electrical 
blackouts and, most recently, in the aftermath of Hurricanes 
Katrina and Rita.

INTEROPERABILITY

  Communications interoperability generally refers to the 
ability of public safety agencies to talk across disciplines 
and jurisdictions via radio communications systems, exchanging 
voice and/or data with one another on demand, in real time, 
when needed, and as authorized. It does not mean that all first 
responders can listen to and talk on all channels, but rather 
that first responders will have the capability to talk with who 
they need to and when they need to during an emergency. Since 
completion of the PSWAC report in 1996, a number of government-
led initiatives have worked to improve the interoperability of 
voice communications among first responders. While these 
efforts have yielded incremental advances, public safety 
entities continue to face a number of obstacles, including 
adequate funding, which continues to affect our Nation's 
progress in making sure that all first responders can 
communicate with each other in times of crisis.

REDUNDANCY AND RESILIENCY

  The events of September 11, the 2003 Northeast electrical 
blackout, and the aftermath of Hurricanes Katrina and Rita, 
also have helped to demonstrate that one of the biggest 
problems for effective public safety communications in times of 
crisis is damage to underlying public safety communications 
networks. In the case of Hurricane Katrina, the virtual 
communications failure resulting from damage to New Orleans' 
main communications transmitter underscores this problem and 
raises questions as to how our public communications systems 
can be made more redundant and resilient to disasters. Such 
events have reinforced the importance of redundant back-up 
communications capabilities for public safety personnel, 
including satellite communications platforms as well as 
scalable, Internet protocol-based ``mesh network'' technologies 
that could be used to restore communications quickly when 
traditional terrestrial networks fail.

FUNDING

  Public safety entities not only face budgetary pressures in 
securing sufficient funding to upgrade, operate, and maintain 
interoperable communications systems, but these obstacles are 
often exacerbated by increased costs associated with the 
robustness and reliability requirements of public safety 
systems and the limited scale economies achievable across a 
user base of an estimated 3 million first responders. In an 
effort to address some of these funding pressures, Congress, as 
part of the Deficit Reduction Act of 2005, created a new, $1 
billion trust fund for public safety communications from 
expected auction revenues. Specifically, the law directed NTIA, 
in consultation with Department of Homeland Security (DHS), to 
spend these funds on public safety training and equipment 
related to systems that use, or interoperate with, systems 
using certain public safety frequencies that will be vacated by 
broadcasters following the completion of the digital television 
(DTV) transition. Later, in December 2006, Congress passed the 
Call Home Act (P.L. 109-459), which requires NTIA to award 
these funds by September 30, 2007, subject to the receipt of 
qualified applications as determined by the Assistant Secretary 
of Commerce for Communications and Information.

                          Legislative History

  On January 24, 2007, Senator Inouye introduced S. 385, the 
``Interoperable Emergency Communications Act,'' which was 
cosponsored by Senators Stevens, Kerry, Smith, and Snowe and 
referred to the Committee on Commerce, Science, and 
Transportation for consideration. On February 8, 2007, the 
Committee held a hearing on the Present and Future of Public 
Safety Communications, which included consideration of S. 385.
  On February 13, 2007, the Committee met in open Executive 
Session to consider a manager's amendment that was offered by 
Senators Inouye and Stevens. The manager's amendment was 
comprised of ten amendments filed by various members of the 
committee that were modified by consent where appropriate.
  Specifically, the manager's amendment included: an amendment 
by Senators Inouye and Stevens making certain minor and 
technical corrections; an amendment by Senators Stevens, 
Vitter, Smith, and Snowe, as modified, ensuring that the all-
hazards approach to threat and risk analysis takes into account 
the likelihood of the occurrence of natural catastrophes; an 
amendment by Senator Cantwell, as modified, expanding eligible 
assistance categories to include software and services; an 
amendment by Senator Cantwell clarifying that the voluntary 
equipment standards apply only to equipment for which such 
standards exist; an amendment by Senators Sununu and Cantwell, 
as modified, clarifying the eligibility of interim or long-term 
Internet Protocol-based interoperable solutions; an amendment 
by Senator Sununu ensuring that rules issued within 90 days of 
enactment are final rules; an amendment by Senator Sununu, as 
modified, ensuring that any consensus standards for 
interoperable communications are voluntary; an amendment by 
Senators Sununu, Cantwell, Stevens, and Snowe requiring the FCC 
to report on certain cross border interoperability issues; an 
amendment by Senators Kerry and Stevens establishing a joint 
advisory committee on communications capabilities of emergency 
medical care facilities and to authorize emergency medical 
communications pilot projects; and an amendment by Senator 
Pryor, as modified, extending the quorum authority for the 
Consumer Product Safety Commission for 6 months.
  The manager's amendment was adopted by voice vote and the 
bill was ordered to be reported, as amended.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 
of rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraphs (1) and (2) of that subsection 
in order to expedite the business of the Senate. deg.
  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
                                                 February 26, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 385, the 
Interoperable Emergency Communications Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 385--Interoperable Emergency Communications Act

    Summary: S. 385 would establish a pilot program to award 
grants to emergency medical care facilities to improve their 
emergency communication systems. The bill also would provide 
additional guidance to the National Telecommunications and 
Information Administration (NTIA) for awarding grants to public 
safety agencies to improve the interoperability of emergency 
communication systems.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing the provisions of S. 385 would cost 
about $1 million in 2008 and $20 million over the 2008-2012 
period.
    S. 385 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act, UMRA, 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary impact of S. 385 is shown in the following table. The 
costs of this legislation fall within budget function 370 
(commerce and housing credit).

----------------------------------------------------------------------------------------------------------------
                                                     By fiscal year, in millions of dollars--
                                 -------------------------------------------------------------------------------
                                       2008            2009            2010            2011            2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...              20               0               0               0               0
Estimated Outlays...............               1               7               8               4               0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, we assume the bill 
will be enacted in 2007 and that amounts estimated to be 
necessary will be appropriated for each year beginning in 
fiscal year 2008.
    S. 385 would require NTIA to establish a joint advisory 
committee to examine the communications systems of emergency 
medical care facilities to determine both their capabilities 
and needs. The bill also would create a pilot program to award 
grants of up to $2 million to no more than 10 emergency medical 
care facilities to improve their emergency communications 
systems.
    CBO estimates that implementing the advisory committee and 
pilot grant program would cost about $1 million in 2008 and $20 
million over the 2008-2012 period, subject to appropriation of 
the necessary amounts.
    The bill also would require the Federal Communications 
Commission to evaluate and report on the feasibility of 
developing a backup emergency communications system and report 
on the status of certain issues related to interoperability of 
communications between the United States, Canada, and Mexico. 
CBO estimates that the cost of those reports would be 
insignificant, and would be subject to the availability of 
appropriated funds.
    Finally, S. 385 would provide guidance to NTIA for awarding 
grants to state and local governments to improve the 
interoperability of public safety communications systems. Under 
current law, NTIA is required to award up to $1 billion in 
interoperability grants no later than September 30, 2007. The 
bill would clarify the types of projects that would be eligible 
for grant awards but would not affect the cost of the program.
    Intergovernmental and private-sector impact: S. 385 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Susan Willie; Impact 
on State, Local, and Tribal Governments: Sarah Puro; Impact on 
the Private Sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In compliance with subsection (b)(2) of paragraph 11 
of rule XXVI of the Standing Rules of the Senate, the Committee 
states that, in its opinion, it is necessary to dispense with 
the requirements of paragraph (1) of that subsection in order 
to expedite the business of the Senate. deg.
  Because S. ------ does not create any new programs, 
the legislation will have no additional regulatory impact, and 
will result in no additional reporting requirements. The 
legislation will have no further effect on the number or types 
of individuals and businesses regulated, the economic impact of 
such regulation, the personal privacy of affected individuals, 
or the paperwork required from such individuals and 
businesses. deg.
  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 385 would affect the disbursement of funds from the 
Digital Television Transition and Public Safety Fund 
established under section 309(j)(8)(E) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(8)(E)). Persons affected include 
those entities eligible to receive such funds under current 
law. S. 385 additionally would authorize the creation of ten 
pilot programs to improve the communications capabilities of 
emergency medical care facilities. As a result, with the 
exception of emergency care facilities eligible for these new 
pilot programs, the number of persons covered by this 
legislation should be consistent with current levels of 
individuals already eligible for funding from the Digital 
Television Transition and Public Safety Fund.

                            ECONOMIC IMPACT

  S. 385 would provide NTIA with further congressional guidance 
as to its administration of the Digital Television Transition 
and Public Safety Fund, but would not affect the directive in 
current law requiring these funds to be awarded no later than 
September 30, 2007. The legislation would, however, authorize 
ten new pilot program grants, not to exceed $2 million each, 
for assistance to improve communications capabilities at 
emergency medical care facilities.

                                PRIVACY

  S. 385 would not have any adverse impact on the personal 
privacy of the individuals affected.

                               PAPERWORK

  S. 385 would require the Inspector General of the Department 
of Commerce to submit to Congress annually a report on the 
administration of the Digital Television Transition and Public 
Safety Fund. In addition, S. 385 would create a Joint Advisory 
Committee on communications capabilities of emergency medical 
care facilities that would be required to issue a report to 
Congress six months after enactment.

                      Section-by-Section Analysis


Section 1. Short title.

  Section 1 would set forth the short title of the bill as the 
``Interoperable Emergency Communications Act.''

Section 2. Interoperable emergency communications.

  Subsection 2(a) of the bill would generally amend Section 
3006 of the Deficit Reduction Act of 2005 (P.L. 109-171) by 
deleting statutory language that currently limits funding to 
systems that either use, or interoperate with systems that use, 
public safety spectrum in the 700 megahertz band (specifically, 
764-776 megahertz and 794-806 megahertz), and to provide 
congressional direction with respect to eligible activities 
under NTIA's administration of the $1 billion public safety 
grant program.
  New 3006(a) would establish the scope of the permissible 
grants under the program and permit NTIA to allocate up to $100 
million for the establishment of Strategic Technology Reserves 
that will enhance the availability of communications equipment 
for first responders and other emergency personnel in the event 
of an emergency or a major disaster. In addition to strategic 
technology reserves, this subsection describes a broad range of 
topics related to improving communications interoperability 
that will be eligible for assistance under the grant program 
including, statewide or regional planning and coordination, 
design and engineering support, technical assistance and 
training, and the acquisition or deployment of interoperable 
communications equipment, software, or systems. Under these 
categories, the committee believes that projects to construct 
or expand mutual aid channels used by first responders would be 
eligible for assistance.
  New 3006(b) would reiterate the requirement imposed under 
section 4 of the Call Home Act of 2006, which, subject to the 
receipt of qualified applications as determined by the 
Assistant Secretary, would require that not less that $1 
billion be awarded no later than September 30, 2007.
  New 3006(c) would require that funding distributions be made 
among the several states consistent with section 1014(c)(3) of 
the USA PATRIOT Act (.75 percent minimum to each State) to 
ensure a fair distribution of funds. It would also require the 
calculation of risk factors to be based upon an ``all-hazards'' 
approach that recognizes the critical need for effective 
emergency communications in response not only to terrorist 
attacks, but also to a variety of natural disasters.
  New section 3006(d) would establish requirements for grant 
applicants including an explanation of how assistance would 
improve interoperability and a description of how any equipment 
or system request would be compatible or consistent with 
certain relevant sections of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)).
  New section 3006(e) would direct NTIA to rely on the 2007 
grant guidance issued under the Department of Homeland 
Security's SAFECOM program to promote greater consistency in 
the criteria used to evaluate interoperability grant 
applications.
  New section 3006(f) would establish criteria for grants of 
equipment, supplies, systems and related communications service 
related to support for Strategic Technology Reserve 
initiatives. This section would also require that funding for 
strategic reserves be divided between block grants to states in 
support of state reserves and grants in support of federal 
reserves at each Federal Emergency Management Agency (FEMA) 
regional office and in each of the noncontiguous states.
  New section 3006(g) would permit the Assistant Secretary to 
encourage the development of voluntary consensus standards for 
interoperable communications systems, but would preclude the 
Assistant Secretary from requiring any such standard.
  New section 3006(h) would permit NTIA to seek assistance from 
other federal agencies where appropriate in the administration 
of the grant program.
  New section 3006(i) would require the Inspector General of 
the Department of Commerce annually to assess the management of 
NTIA's interoperability grant program.
  New section 3006(j) would require NTIA, in consultation with 
the DHS and the FCC, to promulgate final program rules for 
implementation within 90 days of enactment.
  New section 3006(k) would create a rule of construction 
clarifying that nothing in this section precludes funding for 
interim or long-term Internet Protocol-based solutions, 
notwithstanding compliance with the Project 25 standard.
  Subsection (2)(b) of the bill would require the FCC, in 
coordination with the Assistant Secretary of Commerce for 
Communications and Information and the Secretary of Homeland 
Security, to report on the feasibility of a redundant system 
for emergency communications no later than 1 year after 
enactment.
  Subsection (2)(c) of the bill would direct the Assistant 
Secretary of Commerce for Communications and Information, in 
consultation with the Secretary of Homeland Security and the 
Secretary of Health and Human Services, to create a joint 
advisory committee to examine the communications capabilities 
and needs of emergency medical care facilities. The joint 
advisory committee will assess current communications 
capabilities at emergency care facilities, options to 
accommodate the growth of communications services used by 
emergency medical care facilities, and options to better 
integrate emergency medical care communications systems with 
other emergency communications networks. The joint advisory 
committee would be required to report its findings to the 
Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Energy and Commerce, 
within 6 months after the date of enactment.
  Subsection (2)(d) of the bill would provide authorization for 
not more than 10 pilot projects to improve the capabilities of 
emergency communications systems in emergency medical care 
facilities. Grants would be administered by the Assistant 
Secretary of Commerce for Communications and Information, would 
require a fifty percent match, would not exceed $2 million per 
grant, and would be geographically distributed to the maximum 
extent possible.

Section 3. Rule of construction.

  Subsection (a) would amend Title VI of the Post-Katrina 
emergency Management Reform Act of 2006 (P.L. 109-295) by 
including a savings clause clarifying the concurrent 
authorities of the Department of Commerce and the FCC, with 
respect to their existing authorities related public safety and 
promoting the safety of life and property through the use of 
communications.
  Subsection (b) would establish the effective date of this 
savings clause as if enacted with the Department of Homeland 
Security Appropriations for fiscal year (FY) 2007 (P.L. 109-
295).

Section 4. Cross border interoperability reports.

  Section 4 would require the FCC, in conjunction with the DHS, 
the Office of Management and Budget, and the Department of 
State to report, not later than 90 days after enactment, on the 
status of efforts to coordinate cross border interoperability 
issues and the re-banding of 800 megahertz radios with Canada 
and Mexico. The FCC would further be required to report on any 
communications between the Commission and the Department of 
State regarding possible amendments to legal agreements and 
protocols governing the coordination process for license 
applications seeking to use channels and frequencies above Line 
A, to submit information about the annual rejection rate over 
the last 5 years by the United States for new channels and 
frequencies above Line A, and to suggest additional procedures 
and mechanisms that could be taken to reduce the rejection rate 
for such applications. The FCC would be required to provide 
regular updates of the report to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce of treaty 
negotiations related to the re-banding of 800 megahertz radios 
until the appropriate treaty has been revised with each of 
Canada and Mexico.

Section 5. Extension of short quorum.

  Section 5 would permit 2 members of the Consumer Product 
Safety Commission to constitute a quorum for 6 months following 
enactment of this Act.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

      DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY ACT OF 2005

                          [47 U.S.C. 309 note]

SEC. 3006. PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS.

  (a) Creation of Program.--The Assistant Secretary, in 
consultation with the Secretary of the Department of Homeland 
Security--
          [(1) may take such administrative action as is 
        necessary to establish and implement a grant program to 
        assist public safety agencies in the acquisition of, 
        deployment of, or training for the use of interoperable 
        communications systems that utilize, or enable 
        interoperability with communications systems that can 
        utilize, reallocated public safety spectrum for radio 
        communication; and
          [(2) shall make payments of not to exceed 
        $1,000,000,000, in the aggregate, through fiscal year 
        2010 to carry out that program from the Digital 
        Television Transition and Public Safety Fund 
        established under section 309(j)(8)(E) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)).]
          (1) may take such administrative action as is 
        necessary to establish and implement a grant program to 
        assist public safety agencies--
                  (A) in conducting statewide or regional 
                planning and coordination to improve the 
                interoperability of emergency communications;
                  (B) in supporting the design and engineering 
                of interoperable emergency communications 
                systems;
                  (C) in supporting the acquisition or 
                deployment of interoperable communications 
                equipment, software, or systems that improve or 
                advance the interoperability with public safety 
                communications systems;
                  (D) in obtaining technical assistance and 
                conducting training exercises related to the 
                use of interoperable emergency communications 
                equipment and systems; and
                  (E) in establishing and implementing a 
                strategic technology reserve to pre-position or 
                secure interoperable communications in advance 
                for immediate deployment in an emergency or 
                major disaster (as defined in section 102(2) of 
                Public Law 93-288 (42 U.S.C. 5122)); and
          (2) shall make payments of not to exceed 
        $1,000,000,000, in the aggregate, through fiscal year 
        2010 from the Digital Television Transition and Public 
        Safety Fund established under section 309(j)(8)(E) of 
        the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) 
        to carry out the grant program established under 
        paragraph (1), of which not more than $100,000,000, in 
        the aggregate, may be allocated for grants under 
        paragraph (1)(E).
  (b) Expedited Implementation.--Pursuant to section 4 of the 
Call Home Act of 2006, no less than $1,000,000,000 shall be 
awarded for grants under subsection (a) no later than September 
30, 2007, subject to the receipt of qualified applications as 
determined by the Assistant Secretary.
  (c) Allocation of Funds.--In awarding grants under 
subparagraphs (A) through (D) of subsection (a)(1), the 
Assistant Secretary shall ensure that grant awards--
          (1) result in distributions to public safety entities 
        among the several States that are consistent with 
        section 1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 
        3714(c)(3)); and
          (2) are prioritized based upon threat and risk 
        factors that reflect an all-hazards approach to 
        communications preparedness and that takes into account 
        the risks associated with, and the likelihood of the 
        occurrence of, terrorist attacks or natural 
        catastrophes (including, but not limited to, 
        hurricanes, tornados, storms, high water, winddriven 
        water, tidal waves, tsunami, earthquakes, volcanic 
        eruptions, landslides, mudslides, snow and ice storms, 
        forest fires, or droughts) in a State.
  (d) Eligibility.--To be eligible for assistance under the 
grant program established under subsection (a), an applicant 
shall submit an application, at such time, in such form, and 
containing such information as the Assistant Secretary may 
require, including--
          (1) a detailed explanation of how assistance received 
        under the program would be used to improve regional, 
        State, or local communications interoperability and 
        ensure interoperability with other appropriate public 
        safety agencies in an emergency or a major disaster; 
        and
          (2) assurance that the equipment and system would--
                  (A) be compatible with the communications 
                architecture developed under section 
                7303(a)(1)(E) of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (6 U.S.C. 
                194(a)(1)(E));
                  (B) meet any voluntary consensus standards 
                developed under section 7303(a)(1)(D) of that 
                Act (6 U.S.C. 194(a)(1)(D)) to the extent that 
                such standards exist for a given category of 
                equipment; and
                  (C) be consistent with the common grant 
                guidance established under section 
                7303(a)(1)(H) of that Act (6 U.S.C. 
                194(a)(1)(H)).
  (e) Criteria for Certain Grants.--In awarding grants under 
subparagraphs (A) through (D) of subsection (a)(1), the 
Assistant Secretary shall ensure that all grants funded are 
consistent with Federal grant guidance established by the 
SAFECOM Program within the Department of Homeland Security.
  (f) Criteria for Strategic Technology Reserve Grants.--
          (1) In general.--In awarding grants under subsection 
        (a)(1)(E), the Assistant Secretary shall consider the 
        continuing technological evolution of communications 
        technologies and devices, with its implicit risk of 
        obsolescence, and shall ensure, to the maximum extent 
        feasible, that a substantial part of the reserve 
        involves prenegotiated contracts and other arrangements 
        for rapid deployment of equipment, supplies, and 
        systems (and communications service related to such 
        equipment, supplies, and systems), rather than the 
        warehousing or storage of equipment and supplies 
        currently available at the time the reserve is 
        established.
          (2) Requirements and characteristics.--A reserve 
        established under paragraph (1) shall--
                  (A) be capable of re-establishing 
                communications when existing infrastructure is 
                damaged or destroyed in an emergency or a major 
                disaster;
                  (B) include appropriate current, widely-used 
                equipment, such as Land Mobile Radio Systems, 
                cellular telephones and satellite-enabled 
                equipment (and related communications service), 
                Cells-On-Wheels, Cells-On-Light-Trucks, or 
                other self-contained mobile cell sites that can 
                be towed, backup batteries, generators, fuel, 
                and computers;
                  (C) include equipment on hand for the 
                Governor of each State, key emergency response 
                officials, and appropriate State or local 
                personnel;
                  (D) include contracts (including 
                prenegotiated contracts) for rapid delivery of 
                the most current technology available from 
                commercial sources; and
                  (E) include arrangements for training to 
                ensure that personnel are familiar with the 
                operation of the equipment and devices to be 
                delivered pursuant to such contracts.
          (3) Additional characteristics.--Portions of the 
        reserve may be virtual and may include items donated on 
        an in-kind contribution basis.
          (4) Consultation.--In developing the reserve, the 
        Assistant Secretary shall seek advice from the 
        Secretary of Defense and the Secretary of Homeland 
        Security, as well as national public safety 
        organizations, emergency managers, State, local, and 
        tribal governments, and commercial providers of such 
        systems and equipment.
          (5) Allocation and use of funds.--The Assistant 
        Secretary shall allocate--
                  (A) a portion of the reserve's funds for 
                block grants to States to enable each State to 
                establish a strategic technology reserve within 
                its borders in a secure location to allow 
                immediate deployment; and
                  (B) a portion of the reserve's funds for 
                regional Federal strategic technology reserves 
                to facilitate any Federal response when 
                necessary, to be held in each of the Federal 
                Emergency Management Agency's regional offices, 
                including Boston, Massachusetts (Region 1), New 
                York, New York (Region 2), Philadelphia, 
                Pennsylvania (Region 3), Atlanta, Georgia 
                (Region 4), Chicago, Illinois (Region 5), 
                Denton, Texas (Region 6), Kansas City, Missouri 
                (Region 7), Denver, Colorado (Region 8), 
                Oakland, California (Region 9), Bothell, 
                Washington (Region 10), and each of the 
                noncontiguous States for immediate deployment.
  (g) Voluntary Consensus Standards.--In carrying out this 
section, the Assistant Secretary, in cooperation with the 
Secretary of Homeland Security shall identify and, if 
necessary, encourage the development and implementation of, 
voluntary consensus standards for interoperable communications 
systems to the greatest extent practicable, but shall not 
require any such standard.
  (h) Use of Economy Act.--In implementing the grant program 
established under subsection (a)(1), the Assistant Secretary 
may seek assistance from other Federal agencies in accordance 
with section 1535 of title 31, United States Code.
  (i) Inspector General Report.--Beginning with the first 
fiscal year beginning after the date of enactment of the 
Interoperable Emergency Communications Act, the Inspector 
General of the Department of Commerce shall conduct an annual 
assessment of the management of the grant program implemented 
under subsection (a)(1) and transmit a report containing the 
findings of that assessment and any recommendations related 
thereto to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Energy and Commerce.
  (j) Deadline for Implementation Program Rules.--Within 90 
days after the date of enactment of the Interoperable Emergency 
Communications Act, the Assistant Secretary, in consultation 
with the Secretary of Homeland Security and the Federal 
Communications Commission, shall promulgate final program rules 
for the implementation of this section.
  (k) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude the use of funds under 
this section by any public safety agency for interim or long-
term Internet Protocol-based interoperable solutions, 
notwithstanding compliance with the Project 25 standard.
  [(b)] (l) Credit.--The Assistant Secretary may borrow from 
the Treasury beginning on October 1, 2006, such sums as may be 
necessary, but not to exceed $1,000,000,000, to implement this 
section. The Assistant Secretary shall reimburse the Treasury, 
without interest, as funds are deposited into the Digital 
Television Transition and Public Safety Fund.
  [(c)] (m) Condition of Grants.--In order to obtain a grant 
under the grant program, a public safety agency shall agree to 
provide, from non-Federal sources, not less than 20 percent of 
the costs of acquiring and deploying the interoperable 
communications systems funded under the grant program.
  [(d)] (n) Definitions.--For purposes of this section:
          (1) Public safety agency.--The term ``public safety 
        agency'' means any State, local, or tribal government 
        entity, or nongovernmental organization authorized by 
        such entity, whose sole or principal purpose is to 
        protect the safety of life, health, or property.
          (2) Interoperable communications systems.--The term 
        ``interoperable communications systems'' means 
        communications systems which enable public safety 
        agencies to share information amongst local, State, 
        Federal, and tribal public safety agencies in the same 
        area via voice or data signals.
          (3) Reallocated public safety spectrum.--The term 
        ``reallocated public safety spectrum'' means the bands 
        of spectrum located at 764-776 megahertz and 794-806 
        megahertz, inclusive.

          Post-Katrina Emergency Management Reform Act of 2006

                TITLE VI--NATIONAL EMERGENCY MANAGEMENT

SEC. 699A. RULE OF CONSTRUCTION.

  Nothing in this title, including the amendments made by this 
title, may be construed to reduce or otherwise limit the 
authority of the Department of Commerce or the Federal 
Communications Commission.''.
  (b) Effective Date.--The amendment made by this section shall 
take effect as though enacted as part of the Department of 
Homeland Security Appropriations Act, 2007.

                                  
